Scrubber Pressure Drop (inches of water) Water Flow Rate (gallons per minute)

(c) North scrubber with

2 fans and southscrubber with a windbox fan 33 32 3,710 3,818

(d) South scrubber with

2 fans and northscrubber with a windbox fan 32 33 3,818 3,710

(e) North scrubber with

2 fans 33 — 3,488 —

(f) South scrubber with

2 fans — 33 — 3,488

(1) The one affected sintering plant is equipped with 2 scrubbers that are identified as north scrubber and south scrubber. (3) One or more of the scrubbers shall be in operation whenever the sintering plant is in operation. (4) Compliance with particulate matter requirements isachieved if at any time the hourly block average of the scrubber pressure drop and water flow rate are not less than the values in §D(2) of this regulation. (5) The scrubber pressure drop and water flow rate shall be monitored by a continuous monitoring system andthe monitoring system data made available to the Department upon request. (6) Stack Testing Requirements.

(a) The affected sintering plant shall be stack tested for particulate matter at a frequency of not less than once each 2.5 years. During a compliance stack test, the scrubber pressure drop and water flow rate shall be recorded as hourly block averages. (b) If the scrubber pressure drop and water flow rate determined during a compliance stack test differ from the values in §D(2) of this regulation, the owner or operator may request the Department to change the values in §D(2) of this regulation to reflect the revised values. (c) Upon receiving a request, the Department maypropose amending the regulation to include the revised values. Any amendment shall be submitted to the EPA to be included in the approved SIP.

SHARI T. WILSON Secretary of the Environment



### Subtitle 11 AIR QUALITY
26.11.27 Emission Limitations for Power Plants

Authority: Environment Article, §§1-101, 1-404, 2-101-2-103, 2-301-2-303, [ Ch. 23, Acts of 2006 ] 2-1003 , 10-102, and 10-103, Annotated Code of Maryland

Notice of Proposed Action
[09-132-P] The Secretary of the Environment proposes to amend Regulations .02 and .03 under COMAR 26.11.27 Emission Limitations for Power Plants

. Statement of Purpose The purpose of this action is to establish NO

x and SO 2 emission limits for R. Paul Smith Power Station electric generating units. An annual emission cap will be set for NO

x and SO 2 . An ozone season emission cap will also be set for NO

x emissions.

These amendments will be submitted to the United States Environmental Protection Agency (EPA) for approval as a revision to Maryland’s State Implementation Plan.
Background.

Under the Healthy Air Act (HAA), R. Paul Smith units 3and 4 are defined as an affected facility subject to the requirements of Environment Article, §2-1003(c), AnnotatedCode of Maryland. The exception provisions of the HAA authorize the Department to allow the R. Paul Smith facility,units 3 and 4, to operate without complying with the emissions requirements of the HAA if PJM Interconnection, Inc. (PJM Inc.) determines that the termination of operation of the facility will adversely affect the reliability of electricalservice in the PJM region. PJM Inc. conducted the evaluation and determined that the R. Paul Smith facility is needed to maintain reliability.

The HAA also requires that if R. Paul Smith units 3 and 4are allowed to operate without complying with the emissions limitations established in the statute, then the following conditions must be met: ‘‘(1) The facility may not operate at emissions levels greater than the highest level measured at the facility during the calendar years 2000through 2004; and (2) The Department shall review the operations of the facility and adopt regulations to establish an alternative emissions requirement for the facility.’’ These amendments establish limitations that comply with these conditions.

The Maryland Department of the Environment has reviewed the R. Paul Smith facility’s operations and proposesthe following alternative emissions requirement, as authorized by Environment Article, §2-1003(c)(2), Annotated Code of Maryland.

At the end of 2011, the Department will evaluate the alternate limitations and determine whether more stringent emission limitations are warranted. The determination will include an assessment of whether more stringent NO

x and SO 2 limits are needed to enable the western Maryland region to comply with the most recent national ambient air quality standards for ozone and fine particulate matter. TheHAA requires an additional emission reduction from affected sources if Maryland does not comply with the national ambient air quality standard for ozone. The Department will also review the 90 percent mercury requirements that take effect in 2013 and determine whether alternative limits for mercury beyond 2012 are warranted. The R. PaulSmith facility has installed new controls that allow the facility to comply with the 80 percent mercury reduction currently required under the statute and regulations.

Prior to the evaluation the Department will also request that PJM Inc. reevaluate the need for the R. Paul Smith facility to operate to maintain a reliable electricity supply inMaryland, in consideration of the effect of any new transmission lines and electric generating stations which may be constructed in the interim.

The Department will revise the regulations, if needed,based on PJM’s reevaluation and the Department’s findings. PROPOSED ACTION ON REGULATIONS 677

MARYLAND REGISTER, VOL. 36, ISSUE 9 FRIDAY, APRIL 24, 2009Sources Affected. The R. Paul Smith facility is the only source affected by the amendments. R. Paul Smith Electric Power Generation Station is a 62-year-old power plant owned and operated by the Allegheny Energy Supply Company, L.L.C. The facility is located in Washington County, Maryland and operates two coal-fired boilers. Unit 3 is a wall-fired, dry bottomboiler which produces steam for a turbine rated at 40 megawatts (MW), but is limited to 28 MW. Unit 3’s particulate emissions are controlled by a single cold side, electrostatic precipitator (ESP) and NO

x emission are controlled by low NO

x burner technology. Unit 4 is a tangentially-fired, dry bottom boiler and the turbine is rated at 88 MW. Particulate emissions are controlled by a primary cold side ESP and an electrostatically enhanced bag-house, and has low NO

x burners and a separate over-fire air system for NO

x controls.
Requirements.

The proposed action:

(1) Establishes an emissions cap of 1,390 tons of NO

xbeginning with the 12-month period January 1, 2009 to December 31, 2009; (2) Establishes an emissions cap of 545 tons of NO

x beginning with the ozone season May 1, 2009 to September 30, 2009; and (3) Establishes an emissions cap of 4,590 tons of SO 2 beginning with the period January 1, 2010 to December 31, 2010.

These requirements are based on the R. Paul Smith facility’s highest annual emissions reported to the Department for the years 2000 — 2004.
Expected Emissions Reductions.

The proposed action provides no emission reductions. Rather, it implements an exception provision for R. Paul Smith which establishes standards based on the highest emissions from the facility during the years 2000 — 2004.
Economic Impact on Affected Source.

There are no additional control costs at this time.

Comparison to Federal StandardsThere is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

The proposed action has no economic impact.

Economic Impact on Small Businesses The proposed action has minimal or no economic impact on small businesses.

Impact on Individuals with Disabilities The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment The Department of the Environment will hold a public hearing on the proposed action on May 28, 2009 at 10 a.m. at the Department of the Environment, 1800 Washington Boulevard, 1st Floor Aeris Conference Room, Baltimore,Maryland 21230-1720. Interested persons are invited to attend and express their views. Comments may be sent to Deborah Rabin, Regulations Coordinator, Air and RadiationManagement Administration, Department of the Environment, 1800 Washington Boulevard, Suite 730, Baltimore,Maryland 21230-1720, or emailed to drabinmde.state.md.us. Comments must be received not later than May 28, 2009, or be submitted at the hearing. For more information, call Deborah Rabin at (410) 537-3240.

Copies of the proposed action and supporting documents are available for review at the following locations: The Air and Radiation Management Administration; regional offices of the Department in Cumberland and Salisbury; all local air quality control offices; and local health departments inthose counties not having separate air quality control offices.

Anyone needing special accommodations at the publichearing should contact the Department’s Fair Practices Office at (410) 537-3964. TTY users may contact the Department through the Maryland Relay Service at 1-800-735- 2258. .02 Applicability and Exemptions.

A. — B. (text unchanged) C. The R. Paul Smith facility is subject to the NO

x limitation in Regulation .03B(8) and the SO2 limitation in Regulation .03C(3) of this chapter. .03 General Requirements.

A. (text unchanged) B. NO

x Emission Limitations.

(1) (text unchanged) (2) Annual Tonnage Limitations.

Affected Unit Annual NO

x Tonnage Limitations Beginning January 1, 2009 January 1, 2012 Brandon Shores Unit 1 — Morgantown Unit 2 (text unchanged) 

### [R. Paul Smith Unit 3 67 tons 55 tons R. Paul Smith Unit 4 349 tons 288 tons 

### ] Total 

### [ 20,216] 19,800 tons 

### [ 16,667 

### ] 16,324 tons (3) (text unchanged) (4) Ozone Season Tonnage Limitations.

Affected Unit Ozone Season NO

x Tonnage Limitations Beginning May 1, 2009 Brandon Shores Unit 1 — Morgantown Unit 2 (text unchanged) 

### [R. Paul Smith Unit 3 27 tons R. Paul Smith Unit 4 143 tons 

### ] Total 

### [ 8,900 

### ] 8,730 tons (5) (text unchanged) (6) Ozone Season Tonnage Limitations.

Affected Unit Ozone Season NO

x Tonnage Limitations Beginning May 1, 2012 Brandon Shores Unit 1 — Morgantown Unit 2 (text unchanged) 

### [R. Paul Smith Unit 3 22 tons R. Paul Smith Unit 4 118 tons 

### ] Total 

### [ 7,337 

### ] 7,197 tons (7) (text unchanged) (8) Emissions from the R. Paul Smith facility may not exceed: (a) An annual tonnage limitation of 1,390 tons of NO

xbeginning with the period January 1, 2009 through December 31, 2009; and (b) An ozone season tonnage limitation of 545 tons of NO

x beginning with the ozone season May 1, 2009 through September 30, 2009. PROPOSED ACTION ON REGULATIONS 678

MARYLAND REGISTER, VOL. 36, ISSUE 9 FRIDAY, APRIL 24, 2009C. SO 2 Emission Limitations. (1) (text unchanged) (2) Annual Tonnage Limitations.

Affected Unit Annual SO 2 Tonnage Limitations Beginning January 1, 2010 January 1, 2013 Brandon Shores Unit 1 — Morgantown Unit 2 (text unchanged) 

### [R. Paul Smith Unit 3 161 tons 124 tons R. Paul Smith Unit 4 841 tons 644 tons 

### ] Total 

### [48,618 tons 

### ] 47,616 tons 

### [ 37,235 tons 

### ] 36,467 tons (3) Emissions from the R. Paul Smith facility may not exceed an annual tonnage limitation of 4,590 tons of SO2 beginning with the period January 1, 2010 through December 31, 2010.

D. Mercury Emission Limitations.

(1) — (3) (text unchanged)(4) The R. P. Smith facility shall meet the mercury requirements in §D(1) — (3) of this regulation.

E. (text unchanged)

SHARI T. WILSON Secretary of the Environment PROPOSED ACTION ON REGULATIONS 679

MARYLAND REGISTER, VOL. 36, ISSUE 9 FRIDAY, APRIL 24, 2009